Opinion
No. 04-16-00688-CR
10-24-2016
Frank Deon PHILLIPS, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR9117
Honorable Pat Priest, Judge Presiding
ORDER
This court issued its mandate in appeal number 04-16-00243-CR, trial court cause number 2015CR9117, on August 9, 2016. On October 13, 2016, pro se appellant Frank D. Phillips filed a notice of appeal for trial court cause number 2015CR9117, the same cause for which this court has already issued its mandate.
This court's plenary power in appeal number 04-16-00243-CR has expired; this court no longer has jurisdiction in that appeal. See TEX. R. APP. P. 19.1 (plenary power period); id. 19.3 ("After its plenary power expires, the court cannot vacate or modify its judgment.").
Further, this court has "no jurisdiction over post-conviction writs of habeas corpus in felony cases." In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding); accord TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Post-conviction writs of habeas corpus are to be filed in the trial court in which the conviction was obtained and made returnable to the Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07(b).
To obtain a free copy of the record to prepare a post-conviction writ of habeas corpus, Appellant must file a motion in the trial court in which the conviction was obtained and demonstrate that his claim is not frivolous and that the record is needed to decide the issues presented. See United States v. MacCollom, 426 U.S. 317, 325-26 (1976); Escobar v. State, 880 S.W.2d 782, 783 (Tex. App.—Houston [1st Dist.] 1993, no pet.).
We ORDER appellant Frank D. Phillips to SHOW CAUSE in writing within TEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction.
All other appellate deadlines are SUSPENDED pending further order of this court.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of October, 2016.
/s/_________
Keith E. Hottle
Clerk of Court